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(영문) 서울서부지방법원 2018.09.05 2016고단901

의료법위반

Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a doctor who operates the “A” council member in Seongbuk-gu, Sungnam-gu.

No medical person, founder of a medical institution, nor person working for a medical institution shall receive money, goods, benefits, labor, entertainment, or other economic benefits provided by a person who has obtained a product license under Article 31 of the Pharmaceutical Affairs Act, or a person who has filed a product notification for the purpose of sales promotion, such as adoption of drugs and inducement for prescription.

Nevertheless, the Defendant received a proposal from D, who is an employee of C (hereinafter “C”), to provide economic benefits, such as cash, etc., to the effect that “I will prescribe and offer a private drug.” On May 2013, the Defendant received KRW 10 million from D, and received KRW 1.2 million in cash, which was provided for the same purpose from D, from the above medical care room around November 2013, and received KRW 1.2 million in cash provided from D for the same purpose at the above medical care room around March 2014, and received KRW 15 million in cash provided from D for the same purpose at the above medical care room around March 2014.

As a result, the Defendant received cash 26.2 million won from C for the purpose of sales promotion, such as adoption and inducement of drugs.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, D, F, and G;

1. Each statement made by the witness H in the third public trial records, and by the witness D and F in the fourth public trial records;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the prosecution with regard to D;

1. Recording notes of the witness E;

1. Investigation report (Attachment of details of the payment of rebates related to the defendant);

1. A written request for withdrawal of shipment [1] D states that the details of rebates paid to the Defendant on the basis of the details of rebates prepared to the Defendant from the investigative agency to this law. The C-Preparation rebates details are reflected in both changes to the approval of the representative director after completing internal review of the company’s amount of rebates requested by the business employee.

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